“ The culture that is emerging can be channeled, encouraged, even deformed, but it cannot be cut off.”

As more and more online videos are popping up, more and more questions are being drawn about copyright law and fair use. An interesting read about this very same topic, entitled Recut, Reframe, Recycle, attempts to discuss ways to control online piracy as well as identify 9 common kinds of re-appropriation practices.
I’ll attempt to highlight some of the more interesting chunks of info and give a broad overview of the topic.

Essentially, fair use is essentially the ability to use copyrighted work without a license. Currently courts analyze fair use on a case by case basis, but smaller communities are also taking it upon themselves to create a shared understanding of these practices through a community designed code of practice.

Legally to fall within the definition of fair use 4 considerations are taken into account: 1. purpose of use, 2. nature of copyrighted work, 3. amount our portion used, 4. the effect of the value of the work.
Aspects of fair use that have long been acceptable are: 1. Media critique, 2. When copyrighted material is incorporated into a moment being documented for a separate purpose or for 3. Short illustration.

+Note: Although most videos on sites like you tube are not used for profit, of which is the main concern of the Act, sites like you tube is an ad-sponsored site so essential the videos are turning over a revenue to someone in the long run.

In conclusion, fair use should be recognized for those interested in an open society and while clarifications are ultimately still needed it is important to still keep the doctrine as it ultimately is, flexible.

For a more in depth analysis of the other types of purposes (satire and comedy, pos./neg. commentary, pastiche) and the relationship to the fair use doctrine, check out the Center for Social Media pamphlet.